[Federal Register Volume 72, Number 185 (Tuesday, September 25, 2007)]
[Rules and Regulations]
[Pages 54367-54377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4721]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[OST Docket No. 2007-28746]
RIN 2105-AD71


Standard Time Zone Boundary in Southwest Indiana

AGENCY: Office of the Secretary (OST), the Department of Transportation 
(DOT).

ACTION: Final rule.

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SUMMARY: DOT is relocating the time zone boundary in Indiana to move 
Knox, Daviess, Martin, Pike, and Dubois Counties from the Central Time 
Zone to the Eastern Time Zone. This action is taken at the request of 
the Boards of Commissioners of each of the Counties and this change 
serves the convenience of commerce, the statutory standard for a time 
zone change. DOT is denying a petition from Perry County to change its 
time zone boundary. Perry County will remain in the Central Time Zone.

DATES: The effective time and date is 2 a.m. CDT, November 4, 2007.

FOR FURTHER INFORMATION CONTACT: Judith S. Kaleta, Office of the 
General Counsel, U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, <a href="/cdn-cgi/l/email-protection#4a23242e232b242b3e23272f0a2e253e642d253c"><span class="__cf_email__" data-cfemail="87eee9e3eee6e9e6f3eeeae2c7e3e8f3a9e0e8f1">[email protected]</span></a>, (202) 493-0992.

SUPPLEMENTARY INFORMATION:

Current Indiana Time Observance

    Indiana is divided into 92 counties. Under Federal law, 75 counties 
are in the Eastern Time Zone and 17 are in the Central Time Zone. There 
are six Central Time Zone Counties in the northwest (Lake, Porter, La 
Porte, Starke, Newton, and Jasper) and eleven in the southwest (Knox, 
Daviess, Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, 
Spencer, and Perry). Neighboring states differ as to whether they 
observe Eastern or Central Time. Illinois and western Kentucky observe 
Central Time, while eastern Kentucky, Ohio, and the portion of Michigan 
adjoining Indiana observe Eastern Time.
    Knox, Daviess, Martin, Pike, and Dubois Counties (the Petitioning 
Counties) and Perry County were moved to the Central Time Zone in 
January 2006. (71 FR 3228). On August 18, 2006, the Boards of 
Commissioners of the Petitioning Counties filed a Joint Petition 
requesting a time zone change back to the Eastern Time Zone. In 
addition, on June 1, 2007, Perry County filed a petition requesting a 
time zone change back to the Eastern Time Zone, if the Petitioning 
Counties were changed.

Statutory Requirements

    Under the Standard Time Act of 1918, as amended by the Uniform Time 
Act of 1966 (15 U.S.C. 260-64), the Secretary of Transportation has 
authority to issue regulations modifying the boundaries between time 
zones in the United States in order to move an area from one time zone 
to another. The standard to modify a boundary contained in the statute 
for such decisions is ``regard for the convenience of commerce and the 
existing junction points and division points of common carriers engaged 
in interstate or foreign commerce.'' 15 U.S.C. 261.

DOT Procedures To Change a Time Zone Boundary

    DOT typically uses a set of procedures to address time zone issues. 
Under these procedures, DOT will generally begin a rulemaking 
proceeding to change a time zone boundary if the highest elected 
officials in the area submit a petition requesting a time zone change 
and provide adequate data supporting the proposed change. We ask that 
the petition include, or be accompanied by, detailed information 
supporting the requesting party's contention that the requested change 
would serve the convenience of commerce. The principle for deciding 
whether to change a time zone is defined very broadly to include 
consideration of all impacts of such a change on a community. We also 
ask that the supporting documentation address, at a minimum, each of 
the following questions in as much detail as possible:
    1. From where do businesses in the community get their supplies, 
and to where do they ship their goods or products?
    2. From where does the community receive television and radio 
broadcasts?
    3. Where are the newspapers published that serve the community?
    4. From where does the community get its bus and passenger rail 
services; if there is no scheduled bus or passenger rail service in the 
community, to where must residents go to obtain these services?
    5. Where is the nearest airport; if it is a local service airport, 
to what major airport does it carry passengers?
    6. What percentage of residents of the community work outside the 
community; where do these residents work?
    7. What are the major elements of the community's economy; is the 
community's economy improving or declining; what Federal, State, or 
local plans, if any, are there for economic development in the 
community?
    8. If residents leave the community for schooling, recreation, 
health care, or religious worship, what standard of time is observed in 
the places where they go for these purposes?
    In addition, we consider any other information that the elected 
officials believe to be relevant to the proceeding. We consider the 
effect on economic, cultural, social, and civic activities, and how a 
change in time zone would affect businesses, communication, 
transportation, and education.

2005-2006 Indiana Time Zone Rulemaking Proceedings Involving the 
Petitioning Counties and Perry County

    In the summer of 2005, a new Indiana state law adopted Daylight 
Saving Time for the entire State and further provided that the State 
supported the county executives of any county that sought to change 
time zones. On August 17, 2005, DOT published a notice in the Federal 
Register inviting county and local officials in Indiana that wished to 
change their current time zone to notify DOT of their request for a 
change by September 16, 2005, and to provide data in response to the 
questions identified in the previous section on DOT Procedures to 
Change a Time Zone Boundary. DOT received 19 petitions from counties 
asking to be changed from the Eastern Time Zone to the Central

[[Page 54368]]

Time Zone, including the Petitioning Counties and Perry County.
    In 2005, the Petitioning Counties submitted their petitions 
individually. In these petitions, they enumerated reasons for a move to 
the Central Time Zone based in large part on comments made during open, 
local public meetings in their respective counties. The Daviess County 
petition emphasized Evansville (in the Central Time Zone) as the place 
with the closest airport and the place where its residents shop, 
conduct business, and receive television broadcasts, with ``numerous 
citizens'' employed in Gibson County (in the Central Time Zone). The 
Dubois County petition pointed out that while many services are 
obtained within-county, the decision to move to the Central Time Zone 
was supported by ``60 to 70% of the general public, by representatives 
of three local school districts, and by approximately 50% of local 
business and industry.'' The Knox County petition stated that many of 
its residents work in the Central Time Zone, creating ``time zone 
issues during substantial portions of the year'' and those residents 
who leave for schooling, recreation, healthcare and religious worship 
go to areas in the Central Time Zone. The Martin County petition stated 
that ``inclusion in the Central Time Zone is preferred by a majority of 
those responding,'' that 40% of its residents work outside of the 
County (mainly in the Central Time Zone), and that the primary 
providers of goods and recipients of products to and from the County 
are already located in or are petitioning to be in the Central Time 
Zone. The Pike County petition cited television and radio broadcasting, 
the interests of its mining industry and an increasing number of 
employees commuting to counties in the Central Time Zone. The Perry 
County petition provided detailed information to illustrate how a 
change to the Central Time Zone would serve the convenience of 
commerce. It discussed how the television broadcasts, newspapers, and 
work patterns favor Perry County being located in the Central Time 
Zone.
    Based on these petitions and comments that were submitted to the 
docket and made at the public hearings, as well as an analysis of 
Indiana economic, workforce, transportation, and education regions, and 
media/commerce data, DOT concluded that the Petitioning Counties and 
Perry County have stronger ties to each other and to other counties to 
their south in the Central Time Zone than to the counties on their 
northern and eastern borders in the Eastern Time Zone. DOT, therefore, 
granted the petitions and changed the time zone boundaries for the 
Petitioning Counties and Perry County from the Eastern Time Zone to the 
Central Time Zone. The change to the Central Time Zone became effective 
on April 2, 2006.

The Petitioning Counties Joint Petition

    Only a few months after the Petitioning Counties began to observe 
Central Time, on August 18, 2006, the Boards of Commissioners of the 
Petitioning Counties jointly submitted a new petition (Joint Petition) 
in which they enumerated the reasons that the Petitioning Counties, as 
a unit, should be changed back to the Eastern Time Zone. As compared to 
the 2005 petitions from the Petitioning Counties, the Joint Petition 
included more detailed information in answer to the questions DOT 
considers in making time zone determinations as well as exhibits in 
support of these answers.
    The Joint Petition requested a change contrary to the Petitioning 
Counties' positions in their 2005 individual petitions. The Joint 
Petition claimed the 2005 petitions ``were incomplete and conclusory, 
and the information they contained was limited and largely based on 
opinion and not backed by substantial and verifiable evidence.'' The 
Joint Petition stated that, since the January 2006 ruling, there has 
been ``a groundswell of support for returning to the Eastern Time Zone, 
which has been a product of residents and businesses having been 
inconvenienced in ways that they could not have fully anticipated until 
the switch occurred.'' Accordingly, the Joint Petition claimed ``to 
contain more extensive and thorough research on this issue.''
    The Joint Petition was accompanied by letters from Indiana Governor 
Daniels, the Indiana Economic Development Corporation, and the Indiana 
Department of Workforce Development. The Governor wrote in support of 
the Joint Petition, stating that putting more of the State on the same 
time zone will provide clarity on the time questions and advance 
economic growth. The two Indiana organizations addressed regional 
connectivity. They noted that they established their respective State 
regions based on their ability to deliver services. They did not 
establish regions based on time zones or ``convenience of commerce.''
    After reviewing the Joint Petition and its accompanying exhibits 
and letters of support, on September 28, 2006, DOT sent a letter to the 
Petitioning Counties requesting that certain procedural concerns be 
addressed. Specifically, DOT requested the submission of amended 
signature pages for each county, certifying that the request was the 
result of official action by the Board of County Commissioners, the 
vote of the Board members concerning the submission of the Joint 
Petition, the date of the vote, and the signature for each Board 
member. The Petitioning Counties complied with this request on November 
13, 2006 (First Supplemental Response).
    On November 14, 2006, the DOT sent a second letter seeking 
clarification and additional information from the Petitioning Counties 
before making any determination on whether to propose a time zone 
boundary change for the Petitioning Counties. In turn, on December 6, 
2006, the Petitioning Counties submitted a supplemental response and 
appendix (Second Supplemental Response) to DOT's request for this 
additional substantive information. In response to an additional 
request from DOT, on May 29, 2007, the Petitioning Counties sent 
another letter accompanied by numerous exhibits (Third Supplemental 
Response).

2007 Notice of Proposed Rulemaking Concerning the Petitioning Counties

    Based on the Joint Petition and the three Supplemental Responses, 
on July 19, 2007, DOT published a Notice of Proposed Rulemaking in the 
Federal Register finding that the Petitioning Counties provided enough 
information to justify proposing to change their boundary from the 
Central Time Zone to the Eastern Time Zone. The Petitioning Counties 
addressed all of the factors that DOT considers in these proceedings.
    The Petitioning Counties sufficiently justified proposing a change 
to the Eastern Time Zone based on information submitted concerning 
community imports and exports, bus service, the community's economy and 
economic development, schooling, recreation, and regional connections. 
With regard to community imports and exports, the Petitioning Counties 
submitted sufficient information to show that many businesses and 
industries located in the Petitioning Counties have substantial 
business connections in the Eastern Time Zone. In addition, the 
Petitioning Counties submitted sufficient information to show that the 
convenience of commerce would better be served if businesses did not 
have to adjust for time zone differences. With regard to bus service, 
the Petitioning Counties provided information on the broader bus 
service available in locations in the Eastern Time Zone. The 
Petitioning Counties provided sufficient information to justify 
proposing a change back to the Eastern Time Zone under the

[[Page 54369]]

community's economy/economic development and regional connections 
factors based upon a proposed extension of Interstate 69 (I-69) through 
central and southwestern Indiana and the economic impact of the Naval 
Surface Warfare Center in Crane (NSWC Crane). The Petitioning Counties 
pointed out that the expansion of I-69 would provide more economical 
and efficient access to Indianapolis because traffic will be able to 
flow north from southwest Indiana to the larger network of highways 
that go through Indianapolis. The Petitioning Counties submitted 
sufficient information concerning the recreation aspect of the 
convenience of commerce standard based on sporting activities and area 
attractions. The Petitioning Counties also submitted sufficient 
information concerning the education aspect of the convenience of 
commerce standard to justify proposing to change the time zone boundary 
based on after school activities and higher education.
    On the other hand, DOT found that the Petitioning Counties did not 
submit sufficient information with regard to several other factors, 
including worker commuting patterns, television/radio broadcasting, 
newspapers, airports/airline services. In addition, the Petitioning 
Counties did not submit sufficient information concerning the religious 
observance or health care aspect of the convenience of commerce 
standard to justify proposing to change the time zone boundary. 
Nevertheless, overall, the Petitioning Counties made a sufficient case 
that changing back to the Eastern Time Zone would serve the convenience 
of commerce.

Comments to the Docket--An Overview

    There were over 3500 entries to the docket in this proceeding 
concerning both the Petitioning Counties and Perry County. The vast 
majority of the comments were submitted either in e-mails, letters, or 
information submissions to DOT's Docket Management System. 
Approximately 225 persons left a telephone message for, or talked with, 
the contact person noted in the Notice of Proposed Rulemaking. A list 
of these persons is included in the docket. DOT notes that comments 
submitted to the prior time zone proceeding docket, OST-2005-22114, 
after the issuance of DOT's July 2006 final rule but before the July 
2007 Notice of Proposed Rulemaking, were transferred to this docket and 
considered before issuing this final rule.
    Comments were made by the residents of the Petitioning Counties and 
Perry County, as well as other counties in Indiana, including Lawrence, 
Marion, Monroe, Orange, Owen, and Spencer Counties. Although this 
proceeding is only to address whether the time zone boundary should be 
changed for the Petitioning Counties and Perry County, the commenters 
suggested a wide variety of approaches to establishing time zone 
boundaries in Indiana, including moving their county to the Eastern 
Time Zone, keeping their county in the Central Time Zone, placing all 
of the State in the Eastern Time Zone, and placing all of the State in 
the Central Time Zone. Some said that they did not care whether it was 
the Central Time Zone or the Eastern Time Zone, they just wanted the 
State to be in the same time zone. A few commenters asked DOT to give 
Indiana a time zone and then ``stay in it.'' Others said that shifting 
time zones made things more confusing.
    Comments were submitted by elected officials. Governor Daniels, 
State Representative Crooks, the Martin County Commissioners (jointly), 
Martin County Commissioner Boyd in his individual capacity, Pike County 
Commissioner Flint, Martin County Council Member Gee, and City of 
Jasper Mayor Schmitt and Jasper's seven council members submitted 
comments supporting the Eastern Time Zone. Santa Claus Town Councilman 
Burke submitted a comment in favor of the Central Time Zone for the 
Petitioning Counties.
    Comments were filed by individuals expressing their personal 
interests and preferences as well as their views on how a time zone 
change would be for the convenience of commerce. Some commenters made 
the choice of time zone reluctantly. The Martin County Board of 
Commissioners, for example, noted that they favored the entire State to 
be in the same time zone, but preferred the Eastern Time Zone as an 
alternative. This same sentiment was echoed by one Daviess County 
businessman who stated, ``While I personally feel the entire state 
should be on the Central Time Zone due to our geographic location in 
the nation, we as a company would be better served to be in sync with 
the rest of the state. I thereby grudgingly request that Daviess be 
moved back to the Eastern Time Zone.'' But as one commenter observed, 
``we all have to see by now that there are benefits to both time 
zones.''
    Most commenters identified themselves, although some comments were 
submitted anonymously. Several individuals submitted multiple comments, 
usually providing commentary on information submitted by others. Some 
noted their affiliation as concerned parents and grandparents, 
interested family members, and volunteers.
    Comments were also submitted by a variety of business interests 
including a chamber of commerce. Cabinet and furniture manufacturers, 
banks, natural gas and electric companies, trucking companies, real 
estate offices, a university professor, lawyers, and grain and 
livestock farmers commented. Health care and insurance providers, 
construction companies, a sawmill and logging operator, information 
technology and metal companies, and small retail businesses also 
commented.
    Some comments included multiple signatures or multiple commenters. 
For example, with his letter, Representative Crooks submitted not only 
the results of his 2007 legislative survey, but the approximately 2500 
actual responses that included comments on the time zone issue. 
Representative Crooks concluded by requesting that DOT return the 
Petitioning Counties to the Eastern Time Zone. In addition, the creator 
of advertisements and a Web site for DuboisCounty4CentralTime.com 
submitted approximately 500 comments on the time zone issue. Each of 
the comments included the commenter's name, e-mail address, business 
affiliation (if applicable), time zone preference, and additional 
comments. While there were some comments in support of the Eastern Time 
Zone, as noted by the submitter, ``the resounding support from business 
and the public is for central time.''
    DOT has recognized that time zone changes can be disruptive to a 
community and very divisive. Some commenters accused others of 
providing ``half truths and misleading information.'' However, the 
lengths to which some would go to support a time zone change in their 
favor became apparent in the filing of two comments, one from the town 
of Ireland and the other from St. Raphael Catholic Church, both located 
in Dubois County and in support of the Central Time Zone. The former 
included the names of 114 persons, the latter included 320 names, and 
neither included signatures. DOT was advised by the pastor of St. 
Raphael, the president of the St. Raphael's parish council, and 
individuals on the lists that both lists were fraudulently submitted 
and did not represent the views of the persons on the list.
    The primary reasons given by those in favor of the Central Time 
Zone include the benefit to commerce and increasing availability for 
communication with customers on the West coast; geographic location of 
the State, with closer ties to Evansville, IN, and Owensboro, KY,

[[Page 54370]]

compared to Indianapolis and the East coast; safety of school children; 
and employment-related reasons such as wanting to live in and work in 
counties in the same time zone. Primary reasons given by those in favor 
of the Eastern Time Zone include commerce and the quality of life. With 
regard to commerce, commenters preferred the Eastern Time Zone because 
Indianapolis, the state capital, and the majority of the State are on 
the Eastern Time Zone, and the convenience of commerce would be better 
served if businesses did not have to adjust for time zone differences. 
With regard to the quality of life, commenters said it would be 
improved by having more daylight in the evening to spend time with the 
family or outdoors and because parents would have fewer problems with 
their children's after school care and sporting events.
    DOT notes that several individuals sent multiple submissions to the 
docket, questioning information and data that were provided by the 
Petitioning Counties. DOT recognized that the Petitioning Counties had 
submitted information that needed to be clarified or corrected. DOT 
raised these concerns in several letters to the Petitioning Counties 
and, as a result, new information was submitted by the Petitioning 
Counties to DOT. DOT wanted to ensure that the data we rely upon are 
correct. We note, however, that the clarification of particular facts 
may not be dispositive to DOT's determination that a time zone change 
would serve the convenience of commerce standard. Therefore, in this 
final rule, DOT broadly discusses the comments submitted as they relate 
to the convenience of commerce standard, without necessarily addressing 
specific factual issues raised by these comments.

Comments on Safety of the Children, Voting, and Personal Preferences

    A substantial number of the commenters repeatedly raised safety of 
the children, voting, and their personal preferences. Commenters who 
said they preferred staying in the Central Time Zone relied upon 
concerns about the safety of the children. On the other hand, both 
opponents and proponents of time zone changes repeatedly noted that 
they were ``voting'' for their time zone preference.
    With regard to the safety of the children, some concerned parents 
commented that, for safety reasons, their children should not have to 
be standing at the bus stop on rural roads when it is still dark 
outside and, therefore, urged DOT to deny the requests to move to the 
Eastern Time Zone. Other concerned parents stated they preferred that 
their children have an extra hour of daylight at the end of the day to 
allow them to spend more time outdoors to get exercise and, therefore, 
preferred the Eastern Time Zone.
    Safety is the number one priority of the DOT and we are committed 
to improving safety of school children. However, as DOT noted in the 
January 2006 final rule, ``Laws exist to protect children getting on 
and off school buses. If a bus stop is located in a dangerous place, 
the Department continues to encourage individuals and local communities 
to talk with the school office or transportation director about 
changing the location.''
    With regard to voting for personal preferences, a significant 
number of comments to the docket were just a line or two stating, ``I 
vote to keep the Petitioning Counties in the Central Time Zone,'' or 
``I vote for the Eastern Time Zone,'' or ``My vote is for the same time 
zone for the entire State of Indiana,'' or ``My husband and I vote for 
Eastern Time.'' Many called for a public referendum on the issue.
    DOT's decision whether to change the time zone boundary is not 
based on the number of persons supporting a particular time zone. 
Rather, as noted above, Congress adopted the statutory standard for 
decisions to move an area from one time zone to another: ``regard for 
the convenience of commerce and the existing junction points and 
division points of common carriers engaged in interstate or foreign 
commerce'' and the information provided by commenters helps us make 
this decision. This standard is defined very broadly by DOT to include 
consideration of all the impacts upon a community of a change in its 
time zone. It is DOT's responsibility to consider requests for changes 
in time zone boundaries in light of the statutory standard, bearing in 
mind the need to address the effect on economic, cultural, social, and 
civic activities within a county and between neighboring counties in 
making decisions. The views or preferences of citizens, without regard 
for the convenience of commerce, are not sufficient to support a time 
zone change. Furthermore, with regard to comments requesting that DOT 
move the entire State to the same time zone, DOT does not have a 
statewide proposal before it nor has the Indiana legislature endorsed 
such an approach. It is, therefore, beyond the scope of this proceeding 
to consider such a significant change to the State's time zone 
boundaries.

Comments Addressing the Request of the Petitioning Counties and the 
Convenience of Commerce Standard

    In addition to the general comments received on the proposed time 
zone change for the Petitioning Counties, DOT also received specific 
comments relating to the questions DOT considers when determining 
whether to change a time zone boundary. These comments are summarized 
below and were considered by DOT in determining the appropriate time 
zone for the Petitioning Counties.

Community Imports and Exports

    Large and small businesses commented in favor of both the Central 
and the Eastern Time Zone depending on the location of their suppliers 
and customers. However, those favoring the Eastern Time Zone also 
referred to lost business implications due to the unavailability of 
contacts at the beginning and end of the day and during lunchtime. For 
example, the Martin County Board of Commissioners noted that both the 
Martin County government and local businesses lost two hours a day. 
They stated, ``There is a never-ending confusion with vendors and out 
of the area contacts about the time to contact parties.''
    In addition, one small business from Knox County commented that the 
struggles of time zone differences with customers and suppliers make it 
even more difficult to compete in a ``big business world'' and 
applauded the efforts of the Petitioning Counties to work together to 
move back to the Eastern Time Zone. Another small business from Dubois 
County noted that the number of missed calls ``skyrocketed'' with the 
change to the Central Time Zone. Other small retailers preferred the 
Eastern Time Zone for the additional daylight at the end of the day for 
shoppers. As for larger organizations, the Commanding Officer of the 
Naval Service Warfare Center, Crane, (NSWC Crane) and Officer-in-
Charge, Naval Support Activity, Crane, (NSA Crane) described a negative 
impact of the Central Time Zone on productivity.
    Some individuals supporting the Central Time Zone questioned what 
they referred to as the ``supposed four hour difference'' every 
business day and stated that in a global economy, businesses regularly 
``deal with it.'' In addition, a few commenters questioned whether the 
Central Time Zone resulted in a negative impact on the productivity at 
NSWC Crane and submitted some newspaper articles that highlight 
contracts awarded across time zones.

[[Page 54371]]

Television and Radio Broadcasts

    With regard to television and radio broadcasts, the President of 
DCBroadcasting, a media company operating a community TV station and 
several radio stations in Dubois County and adjoining counties, noted 
that the company operated in both time the Central and Eastern Time 
Zones. The only reason he gave for supporting the Eastern Time Zone was 
that the Jasper, Huntingburg, and Ferdinand Chambers of Commerce, all 
in Dubois County, supported the Eastern Time Zone.
    Some individual commenters favoring the Central Time Zone noted 
that the majority of the television and radio signals received by the 
Petitioning Counties are from Evansville. One individual from Knox 
County expressed concern about a change back to the Eastern Time Zone 
because Knox County is ``tornado alley'' and radio stations 
broadcasting reports from the National Oceanic and Atmospheric 
Administration are from the Central Time Zone. Another Central Time 
Zone supporter noted that Dubois County residents receive weather 
watches and warnings from cities in the Central Time Zone.

Newspapers

    Several individuals supporting the Central Time Zone noted that 
each of the Petitioning Counties has its own newspapers and that all 
have subscribers from the surrounding counties. In addition, these 
commenters also pointed out that more residents of the Petitioning 
Counties subscribe to the Evansville Courier & Press than to the 
Indianapolis Star.

Bus and Passenger Rail Service

    Commenters generally noted that residents are not regular bus or 
rail passengers and that this question was irrelevant to this 
proceeding. For example, the Martin County Board of Commissioners noted 
in their comments to the docket that there is no passenger rail traffic 
in Southwest Indiana and an anonymous commenter said the number of 
persons who use these services is ``miniscule.'' On the other hand, an 
individual from Knox County noted that the two closest passenger rail 
stations are two cities in Illinois in the Central Time Zone.

Airports/Airline Services

    With regard to airports/airline services, the Commanding Officer of 
NSWC Crane and Officer-in-Charge, NSA Crane, noted that the travel 
office processes 1200 to 1400 travel orders per month and that the main 
airport used is the Indianapolis International Airport. He also claimed 
that the time zone difference between the installation and the airport 
has resulted in lost productivity. In addition, the Martin County Board 
of Commissioners noted that ``the greatest majority of air passengers 
utilize the major airports at Indianapolis and Louisville.'' With a 
time difference, they explained that travelers would need to leave 
Martin County by 2:30 or 3 a.m. to make a 7 a.m. flight or travel to 
the airport the night before and incur additional expenses.
    A Central Time Zone supporter attached an article from the 
Evansville Courier and Press detailing the upcoming daily flights from 
Evansville to Indianapolis. This commenter suggested that persons could 
easily fly out of Evansville and connect in Indianapolis on their way 
to a final destination.

Worker Commuting Patterns

    The majority of workers in the Petitioning Counties live and work 
in their home counties and the commuters do not have a large impact on 
the overall workforce in most of the Petitioning Counties. In Martin 
County, however, commuters make up 46.9% of the Martin County 
workforce. In some organizations, the number of employees from another 
county may even be greater. For example, NSWC Crane's Commanding 
Officer and Officer-in-Charge, NSA, Crane, provided a list of personnel 
and their home counties. He noted that 93% of NSWC Crane's 2643 
employees and 65% of NSA Crane's 145 employees live in the Eastern Time 
Zone. In addition, his data showed that there are 1494 support service 
contract personnel and he surmised that they also lived predominantly 
in the Eastern Time Zone.
    Commenters from Martin County favoring the Central Time Zone 
expressed concern about a focus on worker commuting patterns and said 
that the time zone boundary for Martin County should focus on 
preferences of the residents of Martin County. For example, one 
commenter stated that the counties in the Eastern Time Zone surrounding 
Martin County should petition for a time zone change to the Central 
Time Zone in order to be in the same time zone as Martin County.

The Community's Economy/Economic Development

    The Dubois County Area Development Corporation commented in support 
of moving the Petitioning Counties to the Eastern Time Zone as did the 
Pike County Growth and Development Council.
    NSWC Crane, located primarily in Martin County with small portions 
in Greene and Lawrence Counties, has one of the largest technical 
workforces in Indiana and an annual operating budget of $1.7 billion, 
with approximately 2500 employees and 1500 contract personnel. NSWC 
Crane's Commanding Officer and Officer-in-Charge, NSA Crane, summed up 
the benefits of a move to the Eastern Time Zone saying, ``It would 
enhance the business climate for the regions, and enhance the 
effectiveness of state and local efforts to diversify the economic base 
of the region as well as the development of the WestGate@Crane 
technology park.''
    Some individuals questioned the information provided in the Joint 
Petition and Supplemental Responses as related to NSWC Crane noting 
that rescheduling and logistical problems have been worked out during 
the months since the change in time zones. They also asserted that 
companies should have tracked and reported on their losses that 
resulted from a time zone change.

Schools, Recreation, Health Care, or Religious Worship

    With regard to schooling, comments were submitted by school 
superintendents, parents, and the President of, as well as a professor 
of business and management from, Vincennes University. The 
Superintendent of the North Daviess Community Schools reported that the 
North Daviess Community School Board voted in favor of a return to the 
Eastern Time Zone. The superintendent noted that he concurred with the 
school board's vote and believes ``it is in the best interest of our 
entire school community.'' In support of his position, the 
Superintendent stated that 25% of the teaching staff lives in the 
Eastern Time Zone, the entire athletic conference is in a different 
time zone, and that choral and band festivals with neighboring schools 
in different time zones have led ``to confusion for parents and 
spectators.'' In addition, the Superintendent of Greater Jasper 
Consolidated Schools in Dubois County supported a move to the Eastern 
Time Zone. He stated that ``in order to have effective and timely 
communication with regard to education issues, Greater Jasper 
Consolidated School Corporation needs to be on the same time as the 
Department of Education in the State of Indiana.'' The Superintendent 
of the Shoals Community School Corporation, in Martin County, also 
commented in favor of the Eastern Time Zone for staffing, school start 
times, and class schedules.

[[Page 54372]]

    With regard to post-secondary education, the President of Vincennes 
University pointed out that students cross time zones daily and 
commented in support of the Eastern Time Zone so that each of its 
``campuses and sites could function consistently on the same time 
zone.''
    On the other hand, there were commenters who said that schooling 
issues favored the Central Time Zone. For example, one commenter from 
Dubois County noted that for post-secondary education, students in the 
community go to colleges in the Central Time Zone. The Vincennes 
University professor submitted a comment in favor of the Central Time 
Zone for Knox County. His only reason was ``They have not been given 
enough time to appreciate the change.'' An individual from Knox County 
noted that the Joint Petition referred to ``one of the smallest public 
school systems in Knox County'' in support of the Eastern Time Zone. 
The commenter provided two tables listing football and basketball 
schedules for the largest school corporation in Knox County to assert 
that if Knox County remained in the Central Time Zone even if the other 
Petitioning Counties were changed, there would be a higher percentage 
of games played in the Central Time Zone.
    With regard to recreation, the Martin County Board of Commissioners 
noted the proximity of Martin County to Indiana University in Monroe 
County and its cultural, sporting, and educational opportunities for 
Martin County residents, and that residents could avail themselves to 
these opportunities more easily if Martin County were in the Eastern 
Time Zone. The Dubois County Tourism Commission also submitted a 
comment supporting the Eastern Time Zone stating, ``We feel it is 
crucial to operate on the same time zone as the majority of our state, 
as well as our state capital, Indianapolis.'' In addition, the 
Commission noted that two-thirds of the business and leisure travelers 
to Dubois County travel from the north and east, areas that are in the 
Eastern Time Zone.
    With regard to health care, commenters expressed a time zone 
preference based on the time zone of their health care provider. Some 
gave no reason. For example, the Huntington Medical Association in 
Dubois County submitted the following comment: ``Please leave us on 
Central.'' Others supplied more explanation for their preference. For 
example, an individual from Knox County said that health care is the 
``number one industry'' in Knox County and that the majority of the 
patients come from the Central Time Zone.

Regional Connections

    Some commenters said that the Petitioning Counties should be 
considered to be within the Evansville region. Others said that the 
Petitioning Counties are more closely connected to counties in the 
Eastern Time Zone. Yet the majority of commenters who mentioned 
regional connections noted that the Petitioning Counties should be kept 
together in the same time zone. However, one commenter from Knox County 
provided information in an attempt to prove that Knox County ``has the 
greatest case to stay on Central time,'' although he did say that he 
believed all the counties should be left in the Central Time Zone.

DOT Determination With Regard to the Petitioning Counties

    Based on the Joint Petition, the three Supplemental Responses, and 
comments to the docket, DOT is relocating, for the convenience of 
commerce, the Petitioning Counties, Knox, Daviess, Martin, Pike, and 
Dubois Counties, from the Central Time Zone to the Eastern Time Zone. 
We did not receive information or data that would persuade us to change 
from our initial determination that the Petitioning Counties submitted 
sufficient information to justify a proposal for a time zone change. 
The totality of the information received by DOT supports a time zone 
change for the convenience of commerce.

2007 Notice of Proposed Rulemaking and Supplemental Notice of Proposed 
Rulemaking Concerning Perry County

    Perry County is located in southwest Indiana, is contiguous to the 
Petitioning Counties, and had its time zone changed at the same time as 
the Petitioning Counties. Therefore, DOT asked for comments with regard 
to Perry County in the Notice of Proposed Rulemaking concerning the 
standard time zone boundary in Southwest Indiana published in the 
Federal Register on July 19, 2007. (72 FR 39593). Under our normal 
procedures, we do not take action unless a county makes a clear showing 
that the proposed change of time zone would meet the statutory 
standard. However, as we noted in our previous rulemaking on time zone 
boundary changes in Indiana, this has been an unusual proceeding 
because of the number of counties involved, their relationship to each 
other and to other neighboring counties, and the circumstances leading 
up to the petitions. DOT stated in the July 2007 Federal Register 
notice, ``We also understand that this proposal may have an impact on 
surrounding Counties, particularly Perry County which changed time zone 
boundaries at the same time as the Petitioning Counties. * * * Our 
decision in the final rule will be made on the basis of information and 
comments developed during the entire rulemaking proceeding.''
    At the time of the NPRM, DOT was unaware that, on June 1, 2007, 
Perry County submitted a Petition (2007 Perry County Petition) (OST 
2007-28746-654) for a time zone boundary change back to the Eastern 
Time Zone, if DOT changed the time zone boundary of the Petitioning 
Counties. DOT reviewed the 2007 Perry County Petition and the exhibits 
attached to it. The 2007 Perry County Petition addressed all of the 
factors that we consider in these proceedings. The 2007 Perry County 
Petition provided information about time zone impacts on businesses, 
workers, and the economy; transportation; radio, television, and the 
print media; and schooling, healthcare, and recreation. In addition, it 
included considerations of a time zone change on mail, safety, and 
energy as well as the preferences of Perry County residents.
    On July 31, 2007, DOT wrote to Perry County requesting additional 
information to justify that changing Perry County back to the Eastern 
Time Zone would serve the convenience of commerce. In addition, on 
August 8, 2007, DOT provided notice of the 2007 Perry County Petition 
in a Supplemental Notice of Proposed Rulemaking. (72 FR 44466). DOT 
summarized the petition Perry County filed in support of its earlier 
request to change to the Central Time Zone (the 2005 Perry County 
Petition), the 2007 Perry County Petition, and DOT's questions on the 
information submitted by Perry County. DOT sought comments on the 
justification provided by Perry County and responsive information to 
its questions.
    On August 9, 2007, Perry County submitted a response (Perry County 
Supplemental Submission) to DOT's letter requesting additional 
information.

2005 and 2007 Perry County Petitions and Perry County Supplemental 
Submission

Community Imports and Exports

    The 2005 Perry County Petition to move from the Eastern Time Zone 
to the Central Time Zone stated that the primary employers in the 
county supply products to customers located throughout North America 
although most of the customer base is located in

[[Page 54373]]

the United States, either in the Midwest or the South. In addition, it 
noted that Perry County's newer employers are considered ``just-in-
time'' suppliers to the automotive industry which require a location 
less than a day's distance from their respective customers.
    In lieu of answering the question on community imports and exports 
with an overview or analysis of the matter, the 2007 Perry County 
Petition summarized and attached 16 letters from businesses, schools, a 
hospital, and individuals. According to the 2007 Perry County Petition, 
the letters express ``a desire to change to the Eastern Time Zone'' 
because business conducted on Eastern time and the difference in time 
zones ``causes operating challenges on a daily basis.'' The 2007 Perry 
County Petition noted that ``businesses in Perry County have in effect 
lost four hours of each day that they can deal with customers and 
suppliers from the Eastern Time Zone: One hour in the morning, two 
hours at lunch, and one hour at the end of the day.'' In further 
support of the Eastern Time Zone request, the 2007 Perry County 
Petition specifically references three diverse businesses: The Southern 
Indiana Rural Electric Cooperatives, which would be the only Hoosier 
Energy Power Network out of 17 that would be in the Central Time Zone 
and claims metering and billing problems; Kleeman Masonary, Inc, which 
usually travels east in its construction business; and Perry County 
Memorial Hospital, which has difficulties dealing with insurance 
companies in the Eastern Time Zone.
    While the 2007 Perry County Petition claimed the 16 letters 
attached to it are from businesses and schools, DOT notes that two of 
the letters were written on business letterhead and merely provided a 
preference for a time zone without any justification. Another letter 
stated that it is ``more cumbersome'' to be on a different time zone, 
but provides no explanation. In contrast to the 16 letters, the 2007 
Perry County Petition states that the Perry County Chamber of Commerce 
has informed the Perry County Commissioners that ``there are 386 total 
employers located in Perry County'' and that 41% of businesses have 
expressed a preference for the Central Time Zone. The 2007 Perry County 
Petition does not provide the reasons for the ``preference.''
    In order to more clearly assess the impact of a time zone change on 
businesses, DOT asked Perry County to provide an analysis of time zone 
impacts on businesses in the county and the reasons for the time zone 
preference expressed by Perry County businesses.
    In response to DOT's request, the Perry County Supplemental 
Submission stated, ``The Perry County Commissioners have no additional 
analysis to submit; however attached hereto as Exhibit ``A'' is an 
additional letter from a local business which expresses a preference 
for Eastern Time Zone, and the reasons for the preference.''

Television and Radio Broadcasts

    With regard to television broadcasts, the 2005 Perry County 
Petition stated that the County was ``located within the Area of 
Dominant Influence for the Evansville, Indiana television market.'' The 
2005 Perry County Petition also stated that Perry County ``receives 
cable and over-the-air broadcasts from the Louisville, Kentucky market 
as well.'' The 2007 Perry County Petition made the same statements 
concerning television broadcasts.
    With regard to radio broadcasts, the 2005 Perry County Petition 
stated that the ``majority of the stations serving Perry County are 
located either in the Central Daylight Saving or Eastern Standard time 
zones.'' The 2007 Perry County Petition elaborated on the previous 
petition by providing a list of AM and FM radio signals for five cities 
within the County based on information from radio-locator.com. As the 
2007 Perry County Petition noted, residents in the northern part of the 
County primarily receive radio signals from the Eastern Time Zone while 
residents in the southern part of the County receive radio signals from 
the Central Time Zone. While the 2007 Perry County Petition provides 
radio signal information for five cities, it did not provide any 
information about the population of those cities.
    In order to assess the impact of a time zone change on television 
and radio broadcasts, DOT asked Perry County for population data for 
Bristow, Cannelton, Leopold, St. Croix, and Tell City, the localities 
referred to in the 2007 Perry County Petition. The Perry County 
Supplemental Submission provided the 2000 U.S. Census Bureau statistics 
for Tell City and Cannelton and the U.S. Census Bureau American Fact 
Finder reports for the other cities. According to this submission, the 
city or town and its population are: Tell City--12,094; Cannelton--
2968; Bristow--1111; Leopold--568; and St. Croix--462. As noted in the 
2007 Perry County Petition, the population of Perry County is in excess 
of 18,000. The majority of Perry County's residents live in Tell City 
and Cannelton, in the southern part of the County which receives its 
radio signals from the Central Time Zone.

Newspapers

    The 2005 Perry County Petition stated, ``The primary daily 
newspaper that serves Perry County is the Evansville Courier & Press'' 
in the Central Time Zone and that the local county newspaper, which 
publishes editions twice per week, also operates a printing plant that 
prints weekly newspapers for two Central Time Zone communities. On the 
other hand, the 2005 Perry County Petition also noted that the 
Louisville Courier & Journal, from the Eastern Time Zone, maintains 
drop boxes for the Sunday edition at several area convenience stores. 
Daily service, however, is unavailable.
    The 2007 Perry County Petition provided more detailed information 
on newspaper use within the County. The 2007 Perry County Petition 
asserted that Perry County residents ``primarily'' receive their news 
from the local newspaper, The Perry County News, which is published 
twice a week. Furthermore, according to the 2007 Perry County Petition, 
there are 1,901 weekday subscriptions and 2,271 Sunday subscriptions 
for the Evansville Courier & Press. While this is consistent with Perry 
County's original request for the Central Time Zone, the 2007 Perry 
County Petition claimed that the subscriptions support the Eastern Time 
Zone because the population base is in excess of 18,000. The 2007 Perry 
County Petition also noted that the Indianapolis Star has a very small 
circulation in the County; and, that the Louisville Courier-Journal has 
no daily subscriptions in the County.
    With regard to newspaper publishing, DOT asked Perry County for the 
number of subscriptions of The Perry County News and the Indianapolis 
Star; the total number of households in Perry County; whether the 
residents of Perry County receive any newspapers from Daviess, Dubois, 
Knox, Martin, or Pike Counties and; if residents do receive newspaper 
from these counties, the circulation numbers of those newspapers within 
Perry County.
    The Perry County Supplemental Submission stated that there are 7270 
households in Perry County and that the total circulation and street 
sales for the Perry County News are 5625. The Perry County Supplemental 
Submission also corrected the circulations for two newspapers included 
in the 2007 Perry County Petition. While the 2007 Perry County Petition 
claimed that ``the Indianapolis Star has a very small circulation in 
the County,'' according to the Perry County Supplemental Response, the 
circulation is zero. With regard to the Louisville Courier-Journal,

[[Page 54374]]

the 2007 Perry County Petition claimed there were ``no daily 
subscriptions in the County.'' According to the Perry County 
Supplemental Response, however, the Louisville Courier-Journal 
distributes seven daily and thirteen Sunday newspapers in Perry County. 
As for other newspapers, the Perry County Supplemental Response stated 
that the Jasper Dubois County Herald reports 40 mail subscribers in 
Perry County, but did not provide any information with regard to 
newspaper subscriptions for Daviess, Knox, Martin, or Pike County 
newspapers.

Bus and Passenger Rail Service

    The 2005 Perry County Petition stated that there are no bus or 
passenger rail services in the community. The 2007 Perry County 
Petition explained bus service in more detail, contrasting bus service 
provided in Evansville and Louisville, and freight rail services. The 
2007 Perry County Petition noted that Evansville is approximately 50 
miles away and offers services to western and southern routes. In 
contrast, Louisville is approximately 75 miles away and offers service 
to the north, northeast, and south. As for rail service, although DOT 
requested information on passenger rail service, the 2007 Perry County 
Petition referred only to freight rail service that carries goods 
through several southern Indiana counties.

Airports/Airline Services

    The 2005 Perry County Petition stated that the nearest airport is 
in Evansville, IN, located in the Central Time Zone, approximately 55 
miles from Perry County. The 2005 Perry County Petition also noted that 
that there is an airport in Louisville, KY, in the Eastern Time Zone, 
75 miles from Perry County. The 2007 Perry County Petition reiterated 
the same information with regard to airport location and supplemented 
it by referring to the number of departures and destinations and the 
impact of early morning flights on travelers. According to the 2007 
Perry County Petition, the Evansville Regional Airport has, 
approximately, only 35 daily departures in contrast to Louisville 
International Airport which offers daily departures to ``around 140 
domestic destinations plus 53 international destinations.'' The 2007 
Perry County Petition also noted that because Louisville International 
Airport is in the Eastern Time Zone, it is ``extremely difficult'' to 
take early morning flights unless travelers spend the night at or near 
the airport.

Worker Commuting Patterns

    The 2005 Perry County Petition stated that 3,267 persons, or 26% of 
its total workforce, reside in Perry County but work outside of the 
County. Of the top five areas to which Perry County residents commute 
for work, four were in the Central Time Zone and, the fifth, Dubois 
County, was at that time requesting to be located in the Central Time 
Zone. (Dubois County is now requesting to be moved back to the Eastern 
Time Zone.) A STATS Indiana Annual Commuting Trends Profile based on 
Indiana IT-40 Returns for Tax Year 2003 was attached to the 2005 Perry 
County Petition.
    The 2007 Perry County Petition also referred to the Perry County 
workforce. The actual numbers provided differ from the earlier 
submission because they are from STATS Indiana Annual Commuting Trends 
Profile based on Indiana IT-40 Returns for Tax Year 2005. Nevertheless, 
the percentage of the workforce that leaves the County did not change; 
it remains 26%.

The Community's Economy/Economic Development

    The 2005 Perry County Petition discussed the major elements of the 
community's economy, the improvement in the County's economy, and 
efforts to ensure that the local economy continues to improve. The 2005 
Perry County Petition noted ``a dramatic shift from traditional 
woodworking industries to a significant transportation cluster.'' It 
stated that the ``primary employers manufacture products for the 
automotive, heavy truck, and aerospace industries.'' The 2005 Perry 
County Petition also referred to a regional rural hospital and noted 
the planning and infrastructure the County put in place to support 
future economic growth and its partnerships to enhance growth.
    The 2007 Perry County Petition's answer to the question on the 
community's economy is nearly identical to the 2005 Perry County 
Petition. There is only one change. The 2007 Perry County Petition 
eliminated, in this response, reference to ``a regional rural hospital 
which serves counties in Southern Indiana and Western Kentucky, located 
in the Central time zone.'' However, it included the reference to the 
hospital in response to the question concerning health care.
    In order to assess the impact of a time zone change on the 
community's economy, DOT asked Perry County to identify whether Perry 
County has entered into economic partnerships with Daviess, Dubois, 
Knox, Martin, or Pike Counties or other Counties in southern Indiana 
and, if it has entered into partnerships, the nature of these 
partnerships and how a time zone change would affect them.
    The Perry County Supplemental Submission stated that Perry County 
is a member of both the Indiana 15 Regional Planning Commission and the 
Southwest Indiana Development Council. The Perry County Supplemental 
Submission noted that if both the Joint Petition and the 2007 Perry 
County petition result in a time zone change for the 6 Southwestern 
Indiana Counties they cover, the change would impact the Indiana 15 
Regional Planning Commission and the Southwest Indiana Development 
Council by reducing the number of Counties in the Central Time Zone.

Schools, Recreation, Health Care, or Religious Worship

    With regard to schools, the 2005 Perry County Petition emphasized 
post-secondary education. While the 2005 Perry County Petition 
recognized that Perry County residents attend post-secondary schools in 
the Eastern and Central Time Zones, it noted that more Perry County 
residents go to the University of Southern Indiana in the Central Time 
Zone than any other school.
    The 2007 Perry County Petition shifted the focus from post-
secondary education to the high school level. It noted that no Perry 
County school districts are in more than one time zone, but said that 
the schools cross time zones to participate in sporting events. 
Exhibits 10 through 14 to the 2007 Perry County Petition provided 
information on the athletic conferences in southern Indiana, and the 
schedules for basketball, volleyball, football, cross country, 
baseball, and softball. The 2007 Perry County Petition asserted that 
playing games in different time zones ``causes extreme complications 
with scheduling and arrival and departure times for the schools.''
    The 2005 Perry County Petition did not address recreation or 
whether County residents left the County to pursue recreational 
interests. The 2007 Perry County Petition, however, stated, ``Perry 
County prides itself on its outdoor recreational activities including 
the vast amounts of Hoosier National Forest and ready access to the 
Ohio River for recreation such as boating, fishing and hunting.'' The 
2007 Perry County Petition also referred to recreational softball, 
baseball, and soccer leagues that could play later into the evening if 
the County were located in the Eastern Time Zone.
    In order to assess the impact of a time zone change on recreation, 
DOT requested information on whether

[[Page 54375]]

residents leave Perry County for recreation and the standard of time 
observed in the places where they go for this purpose. The Perry County 
Supplemental Submission stated, ``Perry County was unable to locate any 
statistics concerning what percentage of residents leave the county for 
recreation.''
    With regard to health care, the 2005 Perry County Petition noted 
that Perry County is ``home to a regional rural hospital.'' It also 
noted that residents ``primarily travel to Evansville and Jasper, 
Indiana'' to purchase health services. Like the 2005 Perry County 
Petition, the 2007 Perry County Petition also noted the regional 
hospital and refers to a letter from Perry County Memorial Hospital. 
The letter stated that the hospital conducts ``a lot of business with 
our State Capitol in Indianapolis'' and that ``the large insurance 
companies'' that it does business with are also located there.
    While the letter from Perry County Memorial Hospital provides 
business reasons for an Eastern Time Zone preference, it does not 
address the impact of the current time zone on Perry County residents 
and whether they are referred to health care providers in other time 
zones. Therefore, in order to assess the impact of a time zone change 
on health care, DOT requested information on the number of patients 
referred from Perry County to health care providers in Evansville, 
Jasper, Indianapolis, and Louisville. The Perry County Supplemental 
Submission provided information concerning the patients transferred 
from Perry County Memorial Hospital in 2006. According to the Perry 
County Memorial Hospital transfer information, 728 out of 838 patients 
in 2006 were transferred to hospitals in the Central Time Zone. Two of 
these Central Time Zone hospitals are in Evansville, IN, and the other 
is located in Owensboro, KY.
    Neither the 2005 Perry County Petition nor the 2007 Perry County 
Petition addressed religious worship and DOT had no additional 
questions concerning this issue.

Regional Connections

    In the original rulemaking proceeding to change time zone 
boundaries from the Eastern Time Zone to the Central Time Zone, the 
Petitioning Counties, Perry County, and commenters advocated for a move 
by referring to their ties to other Indiana counties currently in the 
Central Time Zone. DOT carefully reviewed this data and utilized it in 
reaching its decision. DOT recognized the importance of regional 
connections and the benefits of similar time zones and regional ties 
among counties. As described in the summary of the hearings and 
comments to the docket in DOT's January 2006 Final Rule, the 
Southwestern Counties have strong regional ties to each other and 
Central Time Zone Counties. DOT stated, ``While Daviess, Dubois, Knox, 
Martin, and Perry border other Indiana counties in the Eastern Time 
Zone, their ties to those counties is not as strong as they are to each 
other and to other counties to their south, which are currently in the 
Central Time Zone. Along with Pike, these counties are located in the 
same workforce, commerce, transportation, and education regions 
designated by Indiana. Remaining in the same time zone and maintaining 
their regional ties better position counties to realize advantages in 
economic, cultural, social, and civic activities, thereby serving the 
convenience of commerce.''
    The 2007 Perry County Petition addressed regional connections by 
noting that at DOT's hearing on time zones in November 2005, ``Perry 
County representatives stated that one of the reasons for the requested 
change was the fact that Dubois County was also petitioning to be 
placed in the Central Time Zone.'' The 2007 Perry County Petition also 
noted that five other counties in the area petitioned for a time zone 
change back to the Eastern Time Zone.
    DOT asked Perry County to address the regional connectivity of 
Perry County with other counties in southern Indiana, including those 
that have and have not petitioned for a time zone change and how a time 
zone change would affect regional connections. The Perry County 
Supplemental Submission stated, ``Perry County has no additional 
information to submit in this response.''

Comments Addressing Perry County's Request

    In addition to general comments received on the proposed time zone 
change for the Petitioning Counties and Perry County's request for a 
time zone change, DOT also received specific comments on the 2007 Perry 
County Petition. In general, Perry County individuals and businesses 
commented in support of a change to the Eastern Time Zone and also in 
favor of staying in the Central Time Zone. Businesses supporting the 
Eastern Time Zone referred to the general impact of lost ability to 
work with customers and suppliers. Some were more specific, referring 
to the actual impact on their business. For example, one trucking and 
excavating company referred to dealing with an Indiana county to the 
east that is located in the Eastern Time Zone. Because of this specific 
relationship, the owner supported the Eastern Time Zone for the County. 
Other commenters referred to the Petitioning Counties and said if the 
five other Counties were going to change time zones, Perry County 
should too.
    Those preferring the Central Time Zone also expressed both general 
and specific reasons to remain in the Central Time Zone. Commenters 
noted that nothing has changed in Perry County since the 2005 Perry 
County Petition and that Central Time is working for them personally 
and for their businesses. One commenter responded to the assertion that 
Perry County should change time zones because the five other Counties 
were changing by quoting his mother saying, ``if the other person jumps 
off of a bridge it does not mean that you have to jump too.'' The 
overwhelming majority of commenters concerning the time zone boundary 
for Perry County based their choice on personal preferences.
    There were comments with regard to the specific aspects of the 
convenience of commerce standard. While many assertions were made 
generally, there are a few that are worth noting. With regard to health 
care, commenters asserted that Perry County residents go to Owensboro, 
KY, to visit health care professionals. For example, one commenter 
expressed concern that DOT did not specifically request information 
about Owensboro and noted that a ``GREAT NUMBER'' of Perry County 
residents travel to Owensboro for doctor's appointments, hospital 
visits, outpatient surgery, and children's orthodontist appointments. 
With regard to the education aspect of the convenience of commerce 
standard, the Superintendent of Cannelton City Schools commented on 
behalf of the Board of School Trustees. The Superintendent requested 
that Perry County remain on Central Time based on safety concerns of 
the students.

DOT Determination With Regard to Perry County

    As we have noted, DOT's determination as to whether to grant a 
request to change a time zone boundary is based upon our review of the 
information submitted. If sufficient information is not submitted to 
justify a time zone change under the statutory standard, the petition 
will be denied. Perry County has failed to make that showing.
    Perry County did not provide responsive information concerning the 
effect of a time zone change on community imports and exports.

[[Page 54376]]

Instead, it made general assertions about businesses losing four hours 
each day to deal with customers and suppliers because of a time zone 
difference and offered 16 letters from businesses, schools, a hospital, 
and individuals supporting a change to the Eastern Time Zone. However, 
Perry County also stated that 41% of employers expressed a preference 
for the Central Time Zone. The majority of the Perry County population 
receives television and radio broadcasts from the Central Time Zone. 
While a much smaller number of residents, in the northern part of the 
County may receive more broadcasts from the Eastern Time Zone, Central 
Time Zone broadcasts are still readily available. In addition, the 
majority of households (5625 out of 7270) get the local newspaper 
published in Perry County. Of the residents interested in subscribing 
to another newspaper, nearly 2000 subscribe to the Evansville Courier & 
Press published in the Central Time Zone. As for newspapers published 
in the Eastern Time Zone, less then 50 residents are regular 
subscribers. Therefore, neither television and radio broadcasting nor 
newspaper circulation support a move back to the Eastern Time Zone.
    With regard to the worker commuting patterns factor, statistics 
show that 76% of the Perry County workforce resides and works in the 
County. Of the 26% that works outside of the County, at least 65% work 
in Central Time Zone Counties within Indiana or in Kentucky. Although 
Perry County has noted its participation in a planning commission and 
development council, Perry County has not provided any information 
about any past, current, or planned economic partnerships between Perry 
County and any of the Petitioning Counties or other Southwestern 
Indiana Counties that would result in jobs in the region, enhancing the 
County's economy, or increasing the County's tax base. Accordingly, 
Perry County has not provided persuasive evidence that, with regard to 
worker commuting patterns or the community's economy or economic 
development, a time zone change would be beneficial to the County. With 
regard to health care, the majority of patients are referred to 
providers in the Central Time Zone, and Perry County has not shown that 
a change in the time zone is warranted for reasons related to health 
care. With regard to regional connectivity, Perry County provides no 
support for its request for a time zone change other than to refer to 
comments made at the 2005 hearings and the Petitioning Counties made no 
reference to any ties to Perry County in their discussions of 
connections with other Indiana counties. Passenger rail, bus, and 
airline services, education, recreation, and religious worship in Perry 
County do not appear to be impacted by time zones. However, at the high 
school level, athletic competition crosses time zones, and sporting 
events are played in both the Eastern and Central Time Zones.
    Based on the information submitted by Perry County and by other 
comments to the docket, Perry County appears to be oriented to the 
Central Time Zone and Perry County has not provided sufficient 
information based upon the convenience of commerce standard and DOT's 
time zone factors to justify a time zone change. Therefore, DOT denies 
the 2007 Perry County Petition.

The Future of Time in Indiana

Impact on Observance of Daylight Saving Time

    This final rule does not affect the observance of Daylight Saving 
Time. Under the Uniform Time Act of 1966, as amended, the standard time 
of each time zone in the United States is advanced one hour from 2 a.m. 
on the second Sunday in March until 2 a.m. on the first Sunday in 
November, except in any State that has, by law, exempted itself from 
this observance. In 2006, under State law, Indiana began observing 
Daylight Saving Time throughout the State. Both Central and Eastern 
Time Zone counties now observe Daylight Saving Time thereby preserving 
a one hour time difference throughout the year. This final rule does 
not change Indiana's decision to observe Daylight Saving Time 
statewide.

Practical Application of This Final Rule

    The effective date of this final rule is November 4, 2007, the 
changeover date from Daylight Saving Time to standard time. At 2 a.m. 
Central Daylight Saving Time, the Petitioning Counties do not change 
their clocks, because they are returning to the Eastern Time Zone. At 2 
a.m., the Petitioning Counties will be on Eastern Standard Time. As for 
Perry County, at 2 a.m., because Indiana now observes Daylight Saving 
Time, the clocks in Perry County should be moved back one hour, to 1 
a.m. Central Standard Time. On March 9, 2008, the changeover date to 
Daylight Saving Time, all Indiana clocks will be moved ahead one hour.

New Petitions for a Time Zone Change in Indiana

    As evidenced by the comments to the docket, time zone boundary 
changes can be extremely disruptive to a community. Therefore, a time 
zone change should not be made without careful consideration. DOT's 
decision to change a time zone boundary is based on the statutory 
standard ``regard for the convenience of commerce and the existing 
junction points and division points of common carriers engaged in 
interstate or foreign commerce,'' which DOT defines very broadly to 
include consideration of all the impacts upon a community of a change 
in its standard of time. To minimize disruption to Indiana communities 
and their residents and to allow DOT and these communities to fully 
assess the impact of changes to the time zone boundaries, DOT will not 
consider any petitions for a time zone change from any elected 
officials in Indiana for at least one year after the effective date of 
this final rule.

Regulatory Analysis and Notices

    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Transportation (44 FR 
11040; February 26, 1979). We expect the economic impact of this final 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
The rule primarily affects the convenience of individuals in scheduling 
activities. By itself, it imposes no direct costs. Its impact is 
localized in nature.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this final rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. This rule primarily affects individuals and their scheduling of 
activities. Although it would affect some small businesses, not-for-
profits and, perhaps, a number of small governmental jurisdictions, we 
have not received comments asserting that our proposal, if adopted, 
would have had a significant economic impact on small entities.
    Therefore, I certify under 5 U.S.C. 605(b) that this final rule 
does not have a significant economic impact on a

[[Page 54377]]

substantial number of small entities. Under section 213(a) of the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), 
we want to assist small entities in understanding this rule so that 
they can better implement it.

Collection of Information

    This final rule does not call for a new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not have a substantial direct effect on, or sufficient 
federalism implications for, the States, nor would it limit the 
policymaking discretion of the States. Therefore, the consultation 
requirements of Executive Order 13132 do not apply.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and 
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093; 
October 28, 1993) govern the issuance of Federal regulations that 
impose unfunded mandates. An unfunded mandate is a regulation that 
requires a State, local, or tribal government or the private sector to 
incur direct costs without the Federal Government's having first 
provided the funds to pay those costs. This final rule would not impose 
an unfunded mandate.

Taking of Private Property

    This final rule does not result in a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this final rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety as defined by the 
Executive Order that may disproportionately affect children.

Environment

    This rulemaking is not a major Federal action significantly 
affecting the quality of the human environment under the National 
Environmental Policy Act and, therefore, an environmental impact 
statement is not required.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects in 49 CFR Part 71

    Time zones.


0
For the reasons discussed above, the Office of the Secretary amends 
Title 49 part 71 to read as follows:

PART 71--[AMENDED]

0
1. The authority citation for part 71 continues to read as follows:

    Authority: Secs. 1-4, 40 Stat. 450, as amended; sec. 1, 41 Stat. 
1446, as amended; secs. 2-7, 80 Stat. 107, as amended; 100 Stat. 
764; Act of Mar. 19, 1918, as amended by the Uniform Time Act of 
1966 and Pub. L. 97-449, 15 U.S.C. 260-267; Pub. L. 99-359; Pub. L. 
106-564, 15 U.S.C. 263, 114 Stat. 2811; 49 CFR 1.59(a).


0
2. Paragraph (b) of Sec.  71.5, Boundary line between eastern and 
central zones, is revised to read as follows:


Sec.  71.5  Boundary line between eastern and central zones.

* * * * *
    (b) Indiana-Illinois. From the junction of the western boundary of 
the State of Michigan with the northern boundary of the State of 
Indiana easterly along the northern boundary of the State of Indiana to 
the east line of LaPorte County; thence southerly along the east line 
of LaPorte County to the north line of Starke County; thence east along 
the north line of Starke County to the west line of Marshall County; 
thence south along the west line of Marshall County; thence west along 
the north line of Pulaski County to the east line of Jasper County; 
thence south along the east line of Jasper County to the south line of 
Jasper County; thence west along the south lines of Jasper and Newton 
Counties to the western boundary of the State of Indiana; thence south 
along the western boundary of the State of Indiana to the north line of 
Gibson County; thence easterly and northerly along the north line of 
Gibson County to the west line of Pike County; thence south along the 
west line of Pike County to the north line of Warrick County; thence 
east along the north line of Warrick and Spencer Counties to the west 
line of Perry County; thence easterly and southerly along the north and 
east line of Perry County to the Indiana-Kentucky boundary.
* * * * *

    Issued in Washington, DC on: September 19, 2007.
Mary E. Peters,
Secretary.
[FR Doc. 07-4721 Filed 9-20-07; 1:38 pm]
BILLING CODE 4910-9X-P


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